Legal Question in Credit and Debt Law in California
creditor lawsuit
I am being sued for a debt. I sent a letter of validation after the fact. I ve never denied owing the debt, I tried to make payments on the full amount at an amount I could afford 6 months ago. They rejected my payments and decided to continue with their lawsuit. I recently recieved a letter stating that my validation request will not be answered because it is being used as a tactic to avoid the debt, however they will settle at 80% or I can make payments on the full amount owed. I owe almost 12000.
I would love to settlel, I just don't have the money. So, I am willing to make the payments for the amount requested until it is paid in full. However, I would still like to have the debt validated before I pay it. My question is am I being unreasonable? I am will to pay in payments but I would still like it validated. If it goes to court, will I seem unreasonable for my request.
3 Answers from Attorneys
Re: creditor lawsuit
You're being unreasonable. What's the point of validating the debt if you admit that you owe it? The only reason the law gives debtors the right to demand validation is to dispute debts which they do not owe. You will be seen by a judge as being unreasonable. Settle and put it behind you.
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Re: creditor lawsuit
This HAS gone to court. You have to file an answer within 30 days of being served with the lawsuit or you will automatically lose, your bank accounts and wages will be levied, and they will make your financial life miserable.
You might have some defenses, especially if the debt is older than 4 years. For that kind of debt it would be worth rushing to talk to an attorney.
Re: creditor lawsuit
Not only are you being reasonable, the debt collector is required by law to validate the debt; meaning it has to show you documentary proof that the debt has been assigned by the original creditor to this debt collector. You should not pay this debt until and unless it is proven to you that this collector actually has the right to collect this debt. There are a lot of scams out there and this sounds like one of them. You may try contacting the original creditor to confirm that this debt has been assigned (although you have no legal obligation to do so). You have grounds to sue this debt collector for violation of the Fair Debt Collection Practices Act. A letter from an attorney's office should cause this matter to either go away or cause the debt to be significantly reduced due to the illegal conduct.
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